Don’t Make New Laws – Enforce the Ones We Have

The Austin City Council recently passed a ban on texting while driving. They also voted unanimously yesterday to expand/clarify those restrictions to include playing games, shuffling through songs, or using your cell phone’s GPS system – unless it’s mounted on the dash. As Councilmember Laura Morrison put it, “Don’t use your cell phone while you’re driving for anything else than making a phone call.”

Now I agree that texting while driving is downright reckless.

Wait, did I say reckless?

Isn’t there already a state law against reckless driving?

Yup, sure is. Texas Transportation Code, Sec. 545.401:

Sec. 545.401.  RECKLESS DRIVING; OFFENSE.  (a)  A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.

There’s already a law that covers this – it just needs to be enforced. And the existing law takes care of all the ambiguities and irrationalities around the new law. For example, just pressing the next song button on your phone seems to be illegal under the new law, but shuffling through radio stations or even swapping CDs isn’t. And how is a GPS on your dash any less distracting than the GPS on your phone, which you can hold up in front of your face so you can see the road at least a little better? Or what about the proverbial putting on makeup or shaving while driving?

No one will probably ever get stepped for pressing the next song button, because cops can’t see it, and it doesn’t noticeably affect their driving. But the point is…that shouldn’t be illegal. The point is…it’s not the act of texting itself that violates the harm principle; it’s the reckless driving that results from it. And there’s already a law against that.

So really, Austin City Council, don’t you have anything better to do with your time???

Image credits: (1) poka0059 (2) junkmonkey